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2020 DIGILAW 194 (GAU)

Afzal Ali Sk v. State Of Assam

2020-02-13

MIR ALFAZ ALI

body2020
JUDGMENT 1. Heard Mr. MA Seikh, learned counsel for the petitioner and Mr. TK Mishra, learned Addl. PP, Assam. 2. This is an application under Section 438 Cr.P.C. filed by the petitioner, namely, Afzal Ali Sk, praying for pre-arrest bail apprehending arrest in connection with Bilasipara PS Case No.1113/2019 (corresponding to GR Case No.1771/2019) under sections 420/468 IPC. 3. Case diary called for is received and perused. 4. The FIR was lodged against the present petitioner on the basis of an order passed by Judicial Magistrate who found anomalies in the certificate issued by the Headmaster of Ujan Gutipara Akboria M.E. Madrassa. In order to verify the authenticity of the said certificate, learned Magistrate summoned the Headmaster of the said school with records. The records revealed that the certificate was not issued as per the entry in the record so far the name of the student Alom Sk is concerned. However, the said headmaster took a plea before the Magistrate that he issued certificate as per the information received from the headmaster of the LP School who issued the original certificate. 5. From a bare perusal of these three documents, it appears that present petitioner has nothing to do with the anomaly detected by the learned Magistrate in the certificate issued by the Headmaster of ME Madrassa. 6.Having considered the materials in the case diary and the nature of accusation made in the FIR, this Court is of the view that custodial interrogation of the petitioner may not be necessary for the purpose of investigation of the case. Accordingly, it is provided that, in the event of arrest of the petitioner in connection with the aforementioned case, the petitioner above named shall be released on furnishing a bail bond of Rs.20,000/-, with a suitable surety of the like amount to the satisfaction of the arresting authority. The pre-arrest bail is subject to the following conditions. 1. The petitioner shall appear before the Investigating Officer within 15 days and co-operate with the investigation. 2. The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. 7. The pre-arrest bail application stands disposed of. Send back the case diary.